Petitioner Type: Company
Impact Date: 11/05/2002
Filed Date: 11/05/2003
Most Recent Update: 12/11/2003
Determination Date: 12/11/2003
Expiration Date: 12/11/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,444
EMERSON PROCESS MANAGEMENT POWER AND WATER SOLUTIONS
OPERATIONS DEPARTMENT
A WHOLLY OWNED SUBSIDIARY OF EMERSON COMPANY
PITTSBURGH, PENNSYLVANIA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273), the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for Trade Adjustment Assistance, the group eligibility requirements in either paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met. It is determined in this case that the requirements of (a)(2)(B) of Section 222 have been met.
The investigation was initiated November 5, 2003 in response to a petition filed by a company official on Emerson Process Management Power and Water Solutions, Operations Department, a wholly owned subsidiary of Emerson Company, Pittsburgh, Pennsylvania. The workers at the subject firm’s Operations Department produce printed circuit boards.
The investigation revealed that employment at the subject division decreased absolutely from 2002 to January through October 2003.
Furthermore, the investigation revealed that the subject facility shifted production of printed circuit boards from Pittsburgh, Pennsylvania to Thailand.
Moreover, the investigation revealed that imports of Printed circuit boards have increased during the relevant period.
In addition, in accordance with Section 246 the Trade Act of 1974 (26 USC 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance (ATAA) for older workers.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills that are not easily transferable.
3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been met.
The investigation revealed that workers in the workers’ firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the investigation, I determine that that there was a shift in production from the subject firm to a foreign country of articles that are like or directly competitive with printed circuit boards produced by the subject firm, and there has been or is likely to be an increase in imports of like or directly competitive articles.
In accordance with the provisions of the Act, I make the following certification:
"Workers of Emerson Process Management Power and Water Solutions, Operations Department, a wholly owned subsidiary of Emerson Company, Pittsburgh, Pennsylvania, facility are engaged in employment related to the production of printed circuit boards, who became totally or partially separated from employment on or after November 5, 2002 through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974;”
and
“I further determine that all workers of Emerson Process Management Power and Water Solutions, Operations Department, a wholly owned subsidiary of Emerson Company, Pittsburgh, Pennsylvania, engaged in employment related to the production of printed circuit boards, are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D. C. this 11th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance